Lecture 2: Natural Persons (Part 1)
I. Natural Person's "Capacity for Civil Rights"
1. Definitions
Capacity for civil rights refers to the qualifications of natural persons to enjoy civil rights and undertake civil obligations, that is, personality, the qualifications of human beings.
2. Principles
In principle, the civil rights capacity of natural persons begins at birth and ends at death. The exception is two situations: one is the protection of the established interests of the fetus + the protection of the personality interests of the deceased.
3. Exception 1 (fetal inheritance benefit)
In principle, the fetus has not yet been born and has no capacity for civil rights, but according to article 16 of the Civil Code, when it comes to issues of inheritance and gifts, it is also considered that the fetus has the capacity for civil rights, which is linked to the system of reservation of the fetus's inheritance.
For example, when Lao Wang died, his parents were alive and his wife was pregnant with Liujia, at this time, Lao Wang's inheritance should be divided into four parts, one for Lao Wang's parents, one for his wife, and one for his children. The fetus is born smoothly, and this part is the child's share. If the fetus is stillborn at birth, the inheritance that should be reserved is regarded as the inheritance of the old king.
4. Exception 2 (Protection of the Personality Interests of the Deceased)
Civil rights ≠ civil interests. When a natural person dies, he does not enjoy civil rights, but his personality interests are still protected by law. To distinguish whether the identity of the deceased is heroic or not, the protection mechanism is slightly different:
(1) The deceased was a heroic martyr
(1) If the act infringes on the personal interests of the heroic martyr and harms the common interests of society, in principle, the close relatives of the heroic martyr shall sue in their own name. If there are no close relatives, or if the close relatives do not prosecute, the procuratorate will prosecute in its own name (public interest litigation)!
Note: According to article 1045 of the Civil Code, close relatives include: spouse, parents, children; siblings, grandparents, maternal grandparents; grandchildren, grandchildren.
(2) If the act of infringing on the personal interests of the heroic martyr does not harm the common interests of society, the only shall be prosecuted by the close relatives of the heroic martyr, and the procuratorate shall not prosecute.
(2) The deceased is an ordinary person
Only by the close relatives to sue, at the same time, the qualifications of the close relatives to sue are orderly, according to article 994 of the Civil Code, spouses, parents, children ∈ the first order to sue, there is no first order, other close relatives can sue!
II. "Capacity for Civil Conduct" of Natural Persons
"Capacity for civil conduct" refers to the qualification of a civil entity to independently carry out capacity for civil conduct. Only the civil juristic acts carried out by natural persons involve the "civil capacity" of natural persons, and the factual acts carried out by natural persons are not considered and do not involve "civil capacity", for example: 5-year-old Xiao Wang wrote a poem, the act of writing poetry ∈ the act of creation, is a factual act, not a civil juristic act, and whether Xiao Wang has the capacity for civil conduct is not half a cent relationship!
2. Classification
Natural persons are divided into three categories according to "capacity for civil conduct": perfect people + limited people + no one.
(1) Complete person = person with full capacity for civil conduct
Example: Lao Wang is over 18 years old, mentally normal, mentally normal→ Lao Wang is a perfect person!
For example, Xiao Wang is 16 years old and under 18 years old, but he works to earn money to support himself→ Lao Wang is a perfect person!
(2) Limited person = person with limited capacity for civil conduct
Example: Xiao Wang is over 8 years old, less than 18 years old, mentally normal, mentally normal→ Xiao Wang is limited! (Note: Except for those who meet the above-mentioned age of 16 and less than 18 to earn money to support themselves)
Example: Lao Wang is over 18 years old, but his spirit is not completely normal or his intelligence is not completely normal→ Lao Wang is limited!
(3) No one = person without capacity for civil conduct
Example: Xiao Wang is less than 8 years old→ Xiao Wang is no one!
Example: Lao Wang/Xiao Wang is completely mentally abnormal or completely abnormal intelligence→ Lao Wang/Xiao Wang is no one
3. The legal significance of classification
(1) The civil juristic act carried out by a perfect person will not affect the validity of the civil juristic act because the civil subject is not qualified;
(2) Civil juristic acts that are restricted to be carried out by a person, (1) those who have benefits or are compatible with their capacity for conduct, are the same as those who are perfect; (2) civil juristic acts other than (1) have the validity to be determined! If the legal representative does not agree or does not retroactively recognize, the civil juristic act is invalid! The same person who agrees or retroactively recognizes.
(3) Civil juristic acts that are not carried out by anyone are invalid! Even if it is purely profitable, it is not valid!
3. Judicial determination of unlimited persons
The determination of an adult as an infinite person concerns the vital interests of a natural person, so it must be done with caution and must be determined by a court decision, for which the Code of Civil Procedure provides for special procedures, as follows:
1. Who can apply?
According to Article 24 of the Civil Code and Article 194 of the Code of Civil Procedure, "interested person" + "relevant organization" can file an application!
"Interested parties", generally including, Lao Wang's close relatives, creditors, etc.;
"Relevant organizations" generally include: neighborhood committees, villagers' committees, women's federations, disabled persons' federations, civil affairs bureaus, schools, medical institutions, and organizations for the elderly established in accordance with law.
2. Who to apply for?
According to Article 194 of the Civil Procedure Law, it is necessary to apply to the basic court of the place where the natural person resides!
3. How to try the trial?
After acceptance, it is necessary to identify! The appraisal does not account for the trial limit, the trial is concluded 30 days after the case is filed, the first instance is finally tried, the judgment cannot be appealed, and the signature of the president can be extended! In general cases, judges are sole judges, and in major and difficult cases, judges form a collegial panel to try, and jurors cannot participate!
4. Can the judgment be revoked?
The emergence of new circumstances can prove that the reason for the original determination of an unlimited person has been eliminated, and I or an interested party or a relevant organization may apply to revoke the original judgment.
THE "residence" of natural persons
1. "Residence" refers to the central living place where natural persons habitually live in the sense of long-term residence. Two points need to be met: (1) subjective: the meaning of long-term residence; (2) objective: the fact of habitual residence!
2. "Residence" ≠ "residence". "There is no fixed place to live", there can be more than one place to live, but "residence" only one!
3. "Habitual residence" refers to the place where a natural person has left the place of residence and has lived continuously for more than one year, except for hospitalization and medical treatment. Where there is a "habitual residence", then "habitual residence" = "residence". If there is no "habitual residence", the place of household registration is the residence.
4. "Declaration of disappearance" and "declaration of death" shall be counted from the date on which the natural person leaves the "place of residence" without any news.
5. Article 24 of the Civil Procedure Law stipulates that "the people's court of the defendant's domicile or the place where the contract is performed shall have jurisdiction over a lawsuit arising out of a contract dispute". The "place of performance of the contract" relates to territorial jurisdiction.
When the agreement on "place of performance of the contract" is unclear, if the subject of the contract is the payment currency, the domicile of the party receiving the currency is the "place of contract performance"; if the subject of the contract is not the place of payment of currency, the location of the party performing the obligation is the place of contract performance!
6. Article 22 of the Civil Procedure Law stipulates that "the people's court of the defendant's domicile shall have jurisdiction over civil litigation against citizens; if the defendant's domicile is inconsistent with the place of habitual residence, the people's court of the place of habitual residence shall have jurisdiction". When the defendant is a natural person, the determination of the natural person's "residence" is related to the jurisdiction of the case!
disclaimer:
1. The article, some fonts and pictures come from the Internet, there is no necessary connection between text and pictures, due to the needs of editing, only for the reader's reference.
2. The copyright of the article, some fonts and pictures belongs to the copyright owner, because it is impossible to contact the copyright owner one by one, if the original author or editor believes that the work is not suitable for everyone to browse, or should not be used free of charge, please notify us in time to quickly take appropriate measures to avoid unnecessary economic losses to both parties.
3. The content of the article is the original author or the original source point of view, and does not represent the view of this public account.
4. If this public account inadvertently infringes the intellectual property rights of the media or individuals, please inform it and we will delete it immediately.